Summary
The High Court directed freedom-fighter pension under the Central Government’s scheme on a claim of underground suffering. The Court reversed that relief because the prescribed eligibility and evidentiary requirements were not established. School absence did not prove underground participation, the supporting certifiers were themselves imprisoned during the relevant period, and the State had forwarded rather than recommended the claim. A State pension under another scheme did not establish Central-scheme entitlement.
Issues
- Whether the evidence and State communication fulfilled the Central scheme’s requirements for pension based on underground suffering.
- Whether a State-scheme pension or sympathy could substitute for those requirements.
Held
- The underground-suffering category required the prescribed circumstances, such as proclaimed-offender status, a reward for arrest, or an issued but unserved detention order. None was established or appropriately claimed here. Certificates from persons themselves jailed during the claimed period did not establish the requisite entitlement. (¶ 11)
- Even assuming authenticity of the school certificate, absence from school at about twelve years of age did not itself prove underground participation in the freedom struggle. The Court also held that failure to furnish a required non-availability-of-record certificate could not be disregarded. (¶ 12)
- The State had merely forwarded the application without the recommendation required by the Central scheme. Receipt of a pension under a different State scheme did not independently establish satisfaction of the Central scheme. (¶ 13)
- Genuine freedom fighters deserve honour and benefits, but sympathy cannot replace eligibility and proper authentication under the governing scheme. The High Court had overlooked those requirements. Both its judgments were set aside and the Union’s appeal allowed without costs. (¶ 14-17)
Result
Union’s appeal allowed; High Court judgments granting Central-scheme pension and interest set aside. No costs.